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Bee Branch Creek Restoration_Eminent Domain of 1553 Maple StreetPreparers James A. O'Brien Suite 330 Harbor View Place Dubuque, IA 52001 (563) 583-41138550 RESOLUTION NO. 288 -09 AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY MILTON SCHWARTZ AT 1553 MAPLE STREET IN DUBUQUE COUNTY, IOWA, FOR THE BEE BRANCH CREEK RESTORATION PROJECT WHEREAS, the City of Dubuque (City) intends to acquire real property for Bee Branch Creek Restoration Project. The property, currently owned by Milton Schwartz (Owner), is legally described as follows (the Property): Northerly'/2 of Lot 289 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded plat thereof and WHEREAS, the City Council finds that there is a reasonable expectation the City will be able to proceed with and complete the Bee Branch Creek Restoration Project, comply with all applicable standards and obtain the necessary permits; and WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with Owner to purchase the Property before proceeding with condemnation; and WHEREAS, City caused an appraisal of the Property to be made and the appraised value of the Property is $62,000; and WHEREAS, City has made an offer to purchase the Property for not less than its fair market value; and WHEREAS, City has been unable after good faith negotiations to reach an agreement with Owner for the acquisition of the Property. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Manager and the City Attorney are hereby authorized to commence eminent domain proceedings for the acquisition of the Property and to take such further action as may be necessary for the acquisition of the Property. Passed, adopted and approved this 17th day of August , 2009. ,, ,~~ . ~~ f /~~, 2~ ., -~,~~~ ~,-, Roy . Buol, Mayor Attest: ' .~` Jeanne F. Schneider, CMC, City Clerk F:\USERS\tsteckle\O'Brien\Schwartz Milton-1553 Maple Street\ResolutionCommencingEminentDomain_072009.doc THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM .LAMES (TIM) A. O~BRIEN, ESQ. ASSISTANT CITY ATTORNEY To: DATE: RE: Mayor Roy D. Buol and Members of the City Council August 10, 2009 ~ /~~ ,~ c,~'~v r Bee Branch Creek Restoration Project Milton Schwartz, Owner of 1553 Maple Street As you will recall, the City Council at its May 18, 2009 City Council meeting authorized the City Attorney to commence negotiations with Milton Schwartz, owner of the above- referenced property for the purchase of the property at a purchase price not less than the fair market value which the City Council established at $62,000.00, the appraised value. An offer to purchase the property for the appraised value was sent to the owner on May 20, 2009. To date, the owner rejected the offer, and a subsequent offer of $64,000.00. Notice of a proposed resolution authorizing acquisition of the Schwartz property by eminent domain was sent to Mr. Schwartz on July 21, 2009. Enclosed is a resolution authorizing the commencement of eminent domain proceedings to acquire the property. I would request that the City Council adopt the resolution authorizing the commencement of eminent domain proceedings to acquire the property. Enclosure cc: Michael C. Van Milligen, City Manager Dave Harris, Housing & Community Development Director Milton Schwartz James A. Tranel, Esq. F:(USERS\tstecklel0'Brien\Schwartz Milton-1553 Maple StreetVVlayorCouncil_ResolutionComEmDomain081709Meeting_081009.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 3O0 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-8550 ! FAx (563) 583-1040 / EMAIL tiobrien@cityofdubuque.org James (Tim) A. O'Brien, Esq. Ii3UbU U@ Assistant City Attorney Suite 330, Harbor View Place 300 Main Street ~ ' Dubuque, Iowa 52001-6944 ~, (563) 583-8550 office (563)583-1040 fax tiobrien@cityofdubuque.org 2U07 July 21, 2009 Milton Schwartz 1450 Maple Street Dubuque, IA 52001 RE: Property at 1553 Maple Street Dear Mr. Schwartz: THE CITY OF DUB E Enclosed is a proposed resolution authorizing the commencement of eminent domain proceedings for the acquisition of your property at 1553 Maple Street. The City is required to provide you with a copy of this proposed resolution at least fourteen (14) days prior to the date of the City Council meeting at which the proposed resolution will be considered for adoption. The City Council will be asked to adopt the resolution at its meeting on August 17, 2009. Very sincerely, "~--~ ies A. O'Brien, Esq. istant City Attorney JAO:tIs Enclosure cc: Michael C. Van Milligen, City Manager David Harris, Housing & Community Development Director James A. Tranel, Esq. F:\USERS\tsteckle\O'Brien\Schwartz Milton-1553 Maple Street\Schwartz_ResolutioncommenceEmDomain_072t09.doc NOTICE OF INTENT TO APPROVE ACQUISITION OF PROPERTY BY EMINENT DOMAIN To: Milton Schwartz 1450 Maple Street Dubuque, IA 52001 You are hereby notified that the City Council of the City of Dubuque, Iowa will meet on the 17 n day of August, 2009, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the adoption of a resolution, a copy of which is attached hereto, authorizing the City to acquire the following property by eminent domain: Northerly'/z of Lot 289 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded plat thereof You have the right to attend the meeting and to voice objection to the proposed acquisition of the property. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: Receive just compensation for the taking of property. (Iowa Const., Article I, Section 18) An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 66.45, 66.54) Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. (Iowa Code §66.45) When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code § 68.54) Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §66.3(1}) If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 66.7, and 68.18) A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 6B.4A) Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 66.25, 66.54(11)) Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 66.33, 68.54(10)) Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code § 66.33) At least 90 days written notice to vacate occupied property. (Iowa Code § 68.54(4)) Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code § 316.9) The rights set out in this Notice are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. Dated -~'~i~' ~,..~e~r'~,~ 1J >----- ~''~ ~' J anne F. Schneider, City Clerk